(1) "Public record" means
records kept by
any
public
office, | 21 |
including, but not limited to, state, county,
city,
village, | 22 |
township, and school district units,
and records
pertaining to the | 23 |
delivery of educational
services by an
alternative
school in this | 24 |
state kept by the nonprofit or
for-profit
entity operating the | 25 |
alternative school pursuant to
section
3313.533 of the Revised | 26 |
Code. "Public record" does not
mean any of
the following: | 27 |
(3) "Medical record" means any document or combination of | 122 |
documents, except births, deaths, and the fact of admission to or | 123 |
discharge from a hospital, that pertains to the medical history, | 124 |
diagnosis, prognosis, or medical condition of a patient and that | 125 |
is generated and maintained in the process of medical treatment. | 126 |
(5) "Intellectual property record" means a record,
other
than | 132 |
a financial or administrative record, that is produced or | 133 |
collected
by or for faculty or staff of a state institution of | 134 |
higher learning in the
conduct of or as a result of study or | 135 |
research on an educational, commercial,
scientific, artistic, | 136 |
technical, or scholarly issue, regardless of whether the
study or | 137 |
research was sponsored by the institution alone or in conjunction | 138 |
with
a governmental body or private concern, and that has not been | 139 |
publicly
released, published, or patented. | 140 |
(7) "Peace officer, parole officer, prosecuting attorney, | 145 |
assistant prosecuting attorney, correctional employee, youth | 146 |
services employee, firefighter, or EMT residential and
familial | 147 |
information"
means any information that discloses any of the | 148 |
following about a
peace officer, parole officer, prosecuting | 149 |
attorney, assistant prosecuting attorney, correctional employee, | 150 |
youth services employee, firefighter, or EMT: | 151 |
(a) The address of the actual personal residence of a peace | 152 |
officer, parole officer, assistant prosecuting attorney, | 153 |
correctional employee, youth services employee, firefighter, or | 154 |
EMT, except for the state or political
subdivision in which
the | 155 |
peace
officer, parole officer, assistant prosecuting attorney, | 156 |
correctional employee, youth services employee, firefighter, or | 157 |
EMT
resides; | 158 |
(c) The social security number, the residential telephone | 161 |
number,
any bank account, debit card, charge card, or credit card | 162 |
number, or the
emergency telephone number of, or any medical | 163 |
information pertaining to, a peace officer, parole officer, | 164 |
prosecuting attorney, assistant prosecuting attorney, correctional | 165 |
employee, youth services employee, firefighter, or EMT; | 166 |
(d) The name of any beneficiary of employment benefits, | 167 |
including,
but not limited to, life insurance benefits, provided | 168 |
to a peace officer, parole officer, prosecuting attorney, | 169 |
assistant prosecuting attorney, correctional employee, youth | 170 |
services employee, firefighter, or EMT by
the peace officer's, | 171 |
parole officer's, prosecuting attorney's, assistant prosecuting | 172 |
attorney's, correctional employee's, youth services employee's, | 173 |
firefighter's, or EMT's employer; | 174 |
(e) The identity and amount of any charitable or employment | 175 |
benefit deduction made by the peace officer's, parole officer's, | 176 |
prosecuting attorney's, assistant prosecuting attorney's, | 177 |
correctional employee's, youth services employee's, firefighter's, | 178 |
or
EMT's
employer from the
peace
officer's, parole officer's, | 179 |
prosecuting attorney's, assistant prosecuting attorney's, | 180 |
correctional employee's, youth services employee's, firefighter's, | 181 |
or EMT's
compensation
unless the amount of the deduction is | 182 |
required by
state
or federal
law; | 183 |
(f) The name, the residential address, the name of the | 184 |
employer,
the address of the employer, the social security number, | 185 |
the residential
telephone number, any bank account, debit card, | 186 |
charge card, or credit card
number, or the emergency telephone | 187 |
number
of the spouse, a former spouse, or any child of a peace | 188 |
officer, parole officer, prosecuting attorney, assistant | 189 |
prosecuting attorney, correctional employee, youth services | 190 |
employee, firefighter, or EMT; | 191 |
As used in divisions (A)(7) and (B)(9) of this section, | 196 |
"peace officer"
has the same meaning as in section 109.71 of the | 197 |
Revised Code
and also includes the superintendent and troopers of | 198 |
the state highway patrol;
it does not include the
sheriff of a | 199 |
county or a supervisory employee who, in the absence of the | 200 |
sheriff, is authorized to stand in for, exercise the authority of, | 201 |
and perform
the duties of the sheriff. | 202 |
As used in divisions (A)(7) and (B)(9) of this section, "EMT" | 217 |
means EMTs-basic, EMTs-I, and paramedics that provide emergency | 218 |
medical services for a public emergency medical service | 219 |
organization. "Emergency medical service organization," | 220 |
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in | 221 |
section 4765.01 of the Revised Code. | 222 |
(B)(1) Upon request and subject to division (B)(8) of this | 251 |
section, all
public records responsive to the request shall
be | 252 |
promptly prepared and made
available for
inspection to any person | 253 |
at all reasonable times
during regular
business hours. Subject to | 254 |
division (B)(8) of this section,
upon
request, a public office or | 255 |
person
responsible for public records
shall make copies of the | 256 |
requested public record available at
cost and within a reasonable | 257 |
period of
time. If a public record contains information that is | 258 |
exempt from the duty to permit public inspection or to copy the | 259 |
public record, the public office or the person responsible for the | 260 |
public record shall make available all of the information within | 261 |
the public record that is not exempt. When making that public | 262 |
record available for public inspection or copying that public | 263 |
record, the public office or the person responsible for the public | 264 |
record shall notify the requester of any redaction or make the | 265 |
redaction plainly visible. A redaction shall be deemed a denial of | 266 |
a request to inspect or copy the redacted information, except if | 267 |
federal or state law authorizes or requires a public office to | 268 |
make the redaction. | 269 |
(2) To facilitate broader access to public records, a public | 270 |
office or the person responsible for public records shall organize | 271 |
and maintain public records in a manner that they can be made | 272 |
available for inspection or copying in accordance with division | 273 |
(B) of this section. A public office also shall have available a | 274 |
copy of its current records retention schedule at a location | 275 |
readily available to the public. If a requester makes an ambiguous | 276 |
or overly broad request or has difficulty in making a request for | 277 |
copies or inspection of public records under this section such | 278 |
that the public office or the person responsible for the requested | 279 |
public record cannot reasonably identify what public records are | 280 |
being requested, the public office or the person responsible for | 281 |
the requested public record may deny the request but shall provide | 282 |
the requester with an opportunity to revise the request by | 283 |
informing the requester of the manner in which records are | 284 |
maintained by the public office and accessed in the ordinary | 285 |
course of the public office's or person's duties. | 286 |
(3) If a request is ultimately denied, in part or in whole, | 287 |
the public office or the person responsible for the requested | 288 |
public record shall provide the requester with an explanation, | 289 |
including legal authority, setting forth why the request was | 290 |
denied. If the initial request was provided in writing, the | 291 |
explanation also shall be provided to the requester in writing. | 292 |
The explanation shall not preclude the public office or the person | 293 |
responsible for the requested public record from relying upon | 294 |
additional reasons or legal authority in defending an action | 295 |
commenced under division (C) of this section. | 296 |
(4) Unless specifically required or authorized by state or | 297 |
federal law or in accordance with division (B) of this section, no | 298 |
public office or person responsible for public records may limit | 299 |
or condition the availability of public records by requiring | 300 |
disclosure of the requester's identity or the intended use of the | 301 |
requested public record. Any requirement that the requester | 302 |
disclose the requestor's identity or the intended use of the | 303 |
requested public record constitutes a denial of the request. | 304 |
(5) A public office or person responsible for public records | 305 |
may ask a requester to make the request in writing, may ask for | 306 |
the requester's identity, and may inquire about the intended use | 307 |
of the information requested, but may do so only after disclosing | 308 |
to the requester that a written request is not mandatory and that | 309 |
the requester may decline to reveal the requester's identity or | 310 |
the intended use and when a written request or disclosure of the | 311 |
identity or intended use would benefit the requester by enhancing | 312 |
the ability of the public office or person responsible for public | 313 |
records to identify, locate, or deliver the public records sought | 314 |
by the requester. | 315 |
(6) If any person chooses to obtain a copy of a public
record | 316 |
in
accordance with division (B) of this section,
the
public office | 317 |
or person responsible for the public record may require that | 318 |
person to pay in advance the cost involved in providing the copy | 319 |
of the public record in accordance with the choice made by the | 320 |
person seeking the copy under this division. The public office or | 321 |
the person responsible for the public record shall
permit
that | 322 |
person to
choose to have the public record duplicated
upon paper, | 323 |
upon the same medium
upon which the public office or
person | 324 |
responsible for the public record keeps
it, or upon
any
other | 325 |
medium upon which the public office or person responsible
for the | 326 |
public record determines
that it reasonably can be
duplicated
as | 327 |
an integral part of the normal operations of the
public office or | 328 |
person
responsible for the public record. When
the person
seeking | 329 |
the copy makes a choice under this division,
the public office or | 330 |
person responsible for the public record
shall provide a copy of | 331 |
it in
accordance
with the choice made by
the person seeking the | 332 |
copy. Nothing in this section requires a public office or person | 333 |
responsible for the public record to allow the person seeking a | 334 |
copy of the public record to make the copies of the public record. | 335 |
(7) Upon a request made in accordance with division (B)
of | 336 |
this section and subject to division (B)(6) of this section, a | 337 |
public office or person responsible for public
records
shall | 338 |
transmit a copy of a public record to any person by
United
States | 339 |
mail or by any other means of delivery or transmission within a | 340 |
reasonable period of time after
receiving the
request for the | 341 |
copy. The public office or person
responsible for the public | 342 |
record may
require the person making
the request to pay in advance | 343 |
the cost of postage if the copy is transmitted by United States | 344 |
mail or the cost of delivery if the copy is transmitted other than | 345 |
by United States mail, and to pay in advance the costs incurred | 346 |
for other
supplies used in
the mailing, delivery, or transmission. | 347 |
Any public office
may adopt a policy and procedures that it | 348 |
will follow in
transmitting, within a reasonable period of time | 349 |
after receiving
a request, copies of public records by
United | 350 |
States mail or by any other means of delivery or transmission | 351 |
pursuant to this
division. A public office that
adopts a policy | 352 |
and procedures
under this division shall comply
with them in | 353 |
performing its
duties under this division. | 354 |
In any policy and procedures adopted under this division, a | 355 |
public office may limit the number of records requested by a | 356 |
person that
the office will transmit by United States mail to ten | 357 |
per
month, unless the person certifies to the office in writing | 358 |
that the person
does not intend to use or forward the requested | 359 |
records, or the information
contained
in them, for commercial | 360 |
purposes. For purposes of this division, "commercial"
shall be | 361 |
narrowly construed and does not include reporting or gathering | 362 |
news,
reporting or gathering information to assist citizen | 363 |
oversight or
understanding of the operation or activities of | 364 |
government, or nonprofit
educational research. | 365 |
(8) A public office or person responsible for public records | 366 |
is
not required to permit a person who is incarcerated pursuant to | 367 |
a
criminal conviction or a juvenile adjudication to inspect or to | 368 |
obtain a copy of any public record concerning a criminal | 369 |
investigation or prosecution or concerning what would be a | 370 |
criminal investigation or prosecution if the subject of the | 371 |
investigation or prosecution were an adult, unless the request to | 372 |
inspect or to obtain a copy of the record is for the purpose of | 373 |
acquiring information that is subject to release as a public | 374 |
record under this section and the judge who imposed the sentence | 375 |
or made the adjudication with respect to the person, or the | 376 |
judge's successor in office, finds that the information sought in | 377 |
the public record is necessary to support what appears to be a | 378 |
justiciable claim of the person. | 379 |
(9) Upon written request made and signed by a journalist on | 380 |
or after
December 16,
1999, a
public office, or person responsible | 381 |
for public records, having custody of
the records of the agency | 382 |
employing a specified peace officer, parole officer, prosecuting | 383 |
attorney, assistant prosecuting attorney, correctional employee, | 384 |
youth services employee, firefighter, or EMT shall
disclose
to the | 385 |
journalist the address of the actual personal
residence of
the | 386 |
peace
officer, parole officer, prosecuting attorney, assistant | 387 |
prosecuting attorney, correctional employee, youth services | 388 |
employee, firefighter, or EMT and, if the
peace officer's, parole | 389 |
officer's, prosecuting attorney's, assistant prosecuting | 390 |
attorney's, correctional employee's, youth services employee's, | 391 |
firefighter's, or EMT's spouse, former spouse,
or
child is | 392 |
employed by a
public office, the name and address of
the
employer | 393 |
of the peace
officer's, parole officer's, prosecuting attorney's, | 394 |
assistant prosecuting attorney's, correctional employee's, youth | 395 |
services employee's, firefighter's, or EMT's spouse,
former | 396 |
spouse, or
child.
The
request shall include the
journalist's name | 397 |
and title
and the
name
and address of the
journalist's employer | 398 |
and shall
state
that
disclosure of the
information sought would be | 399 |
in the
public
interest. | 400 |
As used in this division, "journalist"
means a
person engaged | 401 |
in, connected with, or employed by any news
medium, including a | 402 |
newspaper, magazine, press association, news
agency, or wire | 403 |
service, a radio or television station, or a
similar medium, for | 404 |
the purpose of gathering, processing,
transmitting, compiling, | 405 |
editing, or disseminating information for
the
general public. | 406 |
(C)(1) If a person allegedly is aggrieved by the failure of a | 407 |
public office or the person responsible for public records to | 408 |
promptly prepare a public record and to make
it
available to the | 409 |
person for inspection in accordance with
division
(B) of this | 410 |
section or by any other failure of a public
office or the person | 411 |
responsible for public records to comply with an obligation in | 412 |
accordance
with division (B) of this section, the person allegedly | 413 |
aggrieved
may commence a mandamus action to obtain a judgment that | 414 |
orders
the public office or the person responsible for the public | 415 |
record
to comply with division (B) of this section, that
awards | 416 |
court costs and
reasonable attorney's fees to the person that | 417 |
instituted
the
mandamus action, and, if applicable, that includes | 418 |
an order fixing statutory damages under division (C)(1) of this | 419 |
section. The mandamus action may be commenced in the
court of | 420 |
common pleas of the county in which division (B) of this
section | 421 |
allegedly was not complied with, in the supreme court
pursuant to | 422 |
its original jurisdiction under Section 2 of Article
IV, Ohio | 423 |
Constitution, or in the court of appeals for the
appellate | 424 |
district in which division (B) of this section
allegedly
was not | 425 |
complied with pursuant to its original
jurisdiction under
Section | 426 |
3 of Article IV, Ohio Constitution. | 427 |
If a requestor transmits a written request by hand delivery | 428 |
or certified mail to inspect or receive copies of any public | 429 |
record in a manner that fairly describes the public record or | 430 |
class of public records to the public office or person responsible | 431 |
for the requested public records, except as otherwise provided in | 432 |
this section, the requestor shall be entitled to recover the | 433 |
amount of statutory damages set forth in this division if a court | 434 |
determines that the public office or the person responsible for | 435 |
public records failed to comply with an obligation in accordance | 436 |
with division (B) of this section. | 437 |
The amount of statutory damages shall be fixed at one hundred | 438 |
dollars for each business day during which the public office or | 439 |
person responsible for the requested public records failed to | 440 |
comply with an obligation in accordance with division (B) of this | 441 |
section, beginning with the day on which the requester files a | 442 |
mandamus action to recover statutory damages, up to a maximum of | 443 |
one thousand dollars. The award of statutory damages shall not be | 444 |
construed as a penalty, but as compensation for injury arising | 445 |
from lost use of the requested information. The existence of this | 446 |
injury shall be conclusively presumed. The award of statutory | 447 |
damages shall be in addition to all other remedies authorized by | 448 |
this section. | 449 |
(a) That, based on the ordinary application of statutory law | 453 |
and case law as it existed at the time of the conduct or | 454 |
threatened conduct of the public office or person responsible for | 455 |
the requested public records that allegedly constitutes a failure | 456 |
to comply with an obligation in accordance with division (B) of | 457 |
this section and that was the basis of the mandamus action, a | 458 |
well-informed public office or person responsible for the | 459 |
requested public records reasonably would believe that the conduct | 460 |
or threatened conduct of the public office or person responsible | 461 |
for the requested public records did not constitute a failure to | 462 |
comply with an obligation in accordance with division (B) of this | 463 |
section; | 464 |
(b) If the court renders a judgment that orders the public | 477 |
office or the person responsible for the public record to comply | 478 |
with division (B) of this section, the court may award reasonable | 479 |
attorney's fees subject to reduction as described in division | 480 |
(C)(2)(c) of this section. The court shall award reasonable | 481 |
attorney's fees, subject to reduction as described in division | 482 |
(C)(2)(c) of this section when either of the following applies: | 483 |
(i) That, based on the ordinary application of statutory law | 501 |
and case law as it existed at the time of the conduct or | 502 |
threatened conduct of the public office or person responsible for | 503 |
the requested public records that allegedly constitutes a failure | 504 |
to comply with an obligation in accordance with division (B) of | 505 |
this section and that was the basis of the mandamus action, a | 506 |
well-informed public office or person responsible for the | 507 |
requested public records reasonably would believe that the conduct | 508 |
or threatened conduct of the public office or person responsible | 509 |
for the requested public records did not constitute a failure to | 510 |
comply with an obligation in accordance with division (B) of this | 511 |
section; | 512 |
(E)(1) To ensure that all employees of public offices are | 522 |
appropriately educated about a public office's obligations under | 523 |
division (B) of this section, all elected officials or their | 524 |
appropriate designees shall attend training approved by the | 525 |
attorney general as provided in section 109.43 of the Revised | 526 |
Code. In addition, all public offices shall adopt a public records | 527 |
policy in compliance with this section for responding to public | 528 |
records requests. In adopting a public records policy under this | 529 |
division, a public office may obtain guidance from the model | 530 |
public records policy developed and provided to the public office | 531 |
by the attorney general under section 109.43 of the Revised Code. | 532 |
Except as otherwise provided in this section, the policy may not | 533 |
limit the number of public records that the public office will | 534 |
make available to a single person, may not limit the number of | 535 |
public records that it will make available during a fixed period | 536 |
of time, and may not establish a fixed period of time before it | 537 |
will respond to a request for inspection or copying of public | 538 |
records, unless that period is less than eight hours. | 539 |
(2) The public office shall distribute the public records | 540 |
policy adopted by the public office under division (E)(1) of this | 541 |
section to the employee of the public office who is the records | 542 |
custodian or records manager or otherwise has custody of the | 543 |
records of that office. The public office shall require that | 544 |
employee to acknowledge receipt of the copy of the public records | 545 |
policy. The public office shall create a poster that describes its | 546 |
public records policy and shall post the poster in a conspicuous | 547 |
place in the public office and in all locations where the public | 548 |
office has branch offices. The public office may post its public | 549 |
records policy on the internet web site of the public office if | 550 |
the public office maintains an internet web site. A public office | 551 |
that has established a manual or handbook of its general policies | 552 |
and procedures for all employees of the public office shall | 553 |
include the public records policy of the public office in the | 554 |
manual or handbook. | 555 |
(F)(1) The bureau of motor vehicles may adopt rules pursuant | 556 |
to
Chapter 119. of the Revised Code to reasonably
limit the number | 557 |
of bulk commercial special extraction requests made by a
person | 558 |
for the same records or for updated records during a calendar | 559 |
year.
The rules may include provisions for charges to be made for | 560 |
bulk commercial
special
extraction requests for the actual cost of | 561 |
the bureau, plus special extraction
costs, plus ten per cent. The | 562 |
bureau may charge for
expenses for redacting information, the | 563 |
release of which is prohibited by
law. | 564 |
(b) "Bulk commercial special extraction request" means a | 571 |
request
for copies of a record for information in a format other | 572 |
than the format
already available, or information that cannot be | 573 |
extracted without examination
of all items in a records series, | 574 |
class of records, or data base by a person
who intends to use or | 575 |
forward the copies for surveys, marketing, solicitation, or resale | 576 |
for
commercial purposes. "Bulk commercial special extraction | 577 |
request" does not
include a request by a person who gives | 578 |
assurance to the bureau that the
person making the request does | 579 |
not intend to use or forward the requested
copies for surveys, | 580 |
marketing,
solicitation, or resale for commercial purposes. | 581 |
(3) For purposes of divisions (F)(1)
and (2) of this
section, | 591 |
"surveys, marketing, solicitation, or
resale for commercial | 592 |
purposes"
shall be narrowly construed and does not include | 593 |
reporting or
gathering
news, reporting or gathering information to | 594 |
assist
citizen oversight or
understanding of the operation or | 595 |
activities
of government, or nonprofit
educational research. | 596 |
(C) Names and other
identifying information regarding a | 625 |
person who makes an oral or
written complaint regarding an | 626 |
institution, association, child
day-care center, or home subject | 627 |
to
licensure, certification, or
registration to the department or | 628 |
other
state or county entity
responsible for enforcing
Chapter | 629 |
5103. or 5104. of the Revised Code; | 630 |
Sec. 5103.031. Except as provided in section 5103.033
of the | 667 |
Revised
Code, the department of job and family services may
not | 668 |
issue a
certificate under section 5103.03 of the Revised Code
to a | 669 |
foster
home unless the prospective foster caregiver successfully | 670 |
completes the following amount
of preplacement training through
a | 671 |
preplacement training
program
approved by the department of job | 672 |
and family services under section 5103.038 of the Revised Code or | 673 |
preplacement training provided under division (B) of section | 674 |
5103.30 of the Revised
Code: | 675 |
Sec. 5103.032. (A) Except as provided in divisions (B), (C), | 680 |
and (D), and (E) of this section and in section 5103.033 of the | 681 |
Revised Code and subject to division (B) of this section, the | 682 |
department of job and family services may not renew a
foster home | 683 |
certificate under section 5103.03 of the Revised Code
unless the | 684 |
foster caregiver successfully completes the following amount of | 685 |
continuing training in accordance with the foster caregiver's | 686 |
needs assessment
and continuing training plan developed and | 687 |
implemented under section
5103.035 of the Revised Code: | 688 |
(B) A foster caregiver may fulfill up to twenty per cent of | 696 |
the required amount of continuing training described in division | 697 |
(A) of this section by teaching one or more training classes for | 698 |
other foster caregivers or by providing mentorship services to | 699 |
other foster caregivers. The department of job and family services | 700 |
shall adopt rules in accordance with Chapter 119. of the Revised | 701 |
Code as necessary for the qualification of foster caregivers to | 702 |
provide training or mentorship services to other foster | 703 |
caregivers. | 704 |
(C) At the beginning of a foster caregiver's two-year | 705 |
certification period, a public children services agency, private | 706 |
child placing
agency, or private noncustodial agency acting as a | 707 |
recommending agency for a
foster caregiver holding a certificate | 708 |
issued under
section 5103.03 of the Revised Code for a family | 709 |
foster home or specialized foster home
may waive up to eight hours | 710 |
of continuing training the foster caregiver is otherwise required | 711 |
by
division (A) of this section to complete in that two-year | 712 |
certification period if all
of the following apply: | 713 |
(C)(D) Each recommending agency shall establish and implement | 727 |
a
policy regarding good cause for a foster caregiver's failure to | 728 |
complete the
continuing training in
accordance with division (A) | 729 |
of this section. If the foster
caregiver complies with the policy, | 730 |
as determined by the agency, the
department may renew the foster | 731 |
caregiver's
foster home certificate. The agency shall submit the | 732 |
policy to
the department and provide a copy to each foster home | 733 |
the agency recommends for
certification or renewal. The policy | 734 |
shall include the following: | 735 |
Sec. 5103.0312.
A
public children services agency, private | 787 |
child placing agency, or
private noncustodial agency acting as a | 788 |
recommending agency for a
foster caregiver shall payreimburse
the | 789 |
foster caregiver
a stipend to reimburse the foster caregiverin a | 790 |
lump sum for
attending a preplacement or
continuing training | 791 |
program
operated under section
5103.034 or 5103.30 of the
Revised | 792 |
Code and shall reimburse the foster caregiver a stipend for | 793 |
attending a continuing training program operated under section | 794 |
5103.034 or 5103.30 of the Revised Code. The
paymentamount of | 795 |
the lump sum reimbursement and the stipend rate shall be based on | 796 |
a
stipend
rate established by the
department
of job and family | 797 |
services.
The
stipend rateand shall be
the same
regardless of the | 798 |
type of
recommending agency from
which
the foster
caregiver seeks | 799 |
a recommendation. The department shall,
pursuant to rules adopted | 800 |
under section
5103.0316 of the Revised
Code, reimburse the | 801 |
recommending agency
for stipend paymentsreimbursements it
makes | 802 |
in accordance with this section. No payment shall be madeThe | 803 |
department shall adopt rules under Chapter 119. of the Revised | 804 |
Code regarding the release of lump sum stipends to an individual | 805 |
for attending a preplacement training program if the individual | 806 |
fails to obtain a foster home certificate under section 5103.03 of | 807 |
the Revised Code. | 808 |
Sec. 5103.0313. Except as provided in section 5103.303 of | 809 |
the Revised Code, the department of job and family services
shall | 810 |
compensate a private child placing agency or private noncustodial | 811 |
agency for the cost of procuring or operating
preplacement and | 812 |
continuing training programs approved by the department of job and | 813 |
family services under
section
5103.038 of the Revised Code for | 814 |
prospective foster caregivers and foster caregivers who are | 815 |
recommended for initial certification or recertification by the | 816 |
agency. | 817 |
Sec. 5126.04. (A) Each county board
of mental retardation | 837 |
and developmental disabilities shall plan and set
priorities based | 838 |
on available resources for the provision of facilities,
programs, | 839 |
and other services to meet the needs of county residents who are | 840 |
individuals with mental retardation and other developmental | 841 |
disabilities,
former residents of the county residing in state | 842 |
institutions or placed under
purchase of service agreements under | 843 |
section 5123.18 of the Revised Code, and
children subject to a | 844 |
determination made pursuant to section 121.38 of the
Revised Code. | 845 |
(2) Upon receiving the notice described in division (B)(1) of | 873 |
this section or otherwise learning that the child was in need of | 874 |
assessment for eligible services or was receiving services from a | 875 |
county board of mental retardation and developmental disabilities | 876 |
in the previous county, the county board in the new county shall | 877 |
communicate with the county board of the previous county to | 878 |
determine how services for the foster child shall be provided in | 879 |
accordance with each board's plan and priorities as described in | 880 |
division (A) of this section. | 881 |
If the two county boards are unable to reach an agreement | 882 |
within ten days of the child's placement, the county board in the | 883 |
new county shall send notice to the Ohio department of mental | 884 |
retardation and developmental disabilities of the failure to | 885 |
agree. The department shall decide how services shall be provided | 886 |
for the foster child within ten days of receiving notice that the | 887 |
county boards could not reach an agreement. The department may | 888 |
decide that one, or both, of the county boards shall provide | 889 |
services. The services shall be provided in accordance with the | 890 |
board's plan and priorities as described in division (A) of this | 891 |
section. | 892 |
(C) The department of mental retardation and developmental | 893 |
disabilities may
adopt rules in accordance with Chapter 119. of | 894 |
the Revised Code as necessary
to implement this section. To the | 895 |
extent that rules adopted under this
section apply to the | 896 |
identification and placement of handicapped children
under Chapter | 897 |
3323. of the Revised Code, the rules shall be consistent with
the | 898 |
standards and procedures established under sections 3323.03 to | 899 |
3323.05 of
the Revised Code. | 900 |
(D)(E) On or before the first day of
February prior to a | 906 |
school
year, a county board of mental retardation and | 907 |
developmental
disabilities may elect not to participate during | 908 |
that school
year in the provision of or contracting for | 909 |
educational services
for children ages six through twenty-one | 910 |
years of age, provided
that on or before that date the board gives | 911 |
notice of this
election to the superintendent of public | 912 |
instruction, each
school district in the county, and the | 913 |
educational service
center serving the county. If a board makes | 914 |
this election, it
shall not have any responsibility for or | 915 |
authority to provide
educational services that school year for | 916 |
children ages six
through twenty-one years of age. If a board does | 917 |
not make an
election for a school year in accordance with this | 918 |
division, the
board shall be deemed to have elected to participate | 919 |
during that
school year in the provision of or contracting for | 920 |
educational
services for children ages six through twenty-one | 921 |
years of
age. | 922 |
(E)(F) If a county board of
mental retardation and | 923 |
developmental disabilities elects to
provide educational services | 924 |
during a school year to individuals
six through twenty-one years | 925 |
of age who are multiply
handicapped, the board may provide these | 926 |
services to individuals
who are appropriately identified and | 927 |
determined eligible
pursuant to Chapter 3323. of
the Revised
Code, | 928 |
and in accordance with
applicable rules of the state board of | 929 |
education. The county
board may also provide related services to | 930 |
individuals six
through twenty-one years of age who have one or | 931 |
more disabling
conditions, in accordance with section 3317.20 and | 932 |
Chapter 3323. of the
Revised
Code and applicable rules of
the | 933 |
state board of education. | 934 |
Sec. 5153.122. Each PCSA caseworker hired after January 1, | 935 |
2007, shall complete at least one hundred two hours of in-service | 936 |
training
during the first year of the caseworker's continuous | 937 |
employment as a PCSA caseworker, except that the executive | 938 |
director of the public children services agency may waive the | 939 |
training requirement for a school of social work graduate who | 940 |
participated in the university partnership program described in | 941 |
division (D) of section 5101.141 of the Revised Code. The training | 942 |
shall consist of courses in recognizing, accepting reports of, and | 943 |
preventing child abuse,
neglect, and dependency; assessing
child | 944 |
safety; assessing risks; interviewing persons; investigating | 945 |
cases; intervening; providing
services to children and their | 946 |
families; the importance of and need for accurate data; | 947 |
preparation for court; maintenance of case record information; and | 948 |
other topics relevant to child
abuse, neglect, and dependency. The | 949 |
training shall also include courses in the legal duties of PCSA | 950 |
caseworkers to protect the constitutional and statutory rights of | 951 |
children and families from the initial time of contact during | 952 |
investigation through treatment that shall include instruction | 953 |
regarding parents' rights and the limitations that the Fourth | 954 |
Amendment to the United States Constitution places upon | 955 |
caseworkers and their investigations. | 956 |
During the first two years of continuous employment as a PCSA | 961 |
caseworker, each PCSA caseworker shall complete at least twelve | 962 |
hours of training in recognizing the signs of domestic violence | 963 |
and its relationship to child abuse as established in rules the | 964 |
director of job and family services shall adopt pursuant to | 965 |
Chapter 119. of the Revised Code. The twelve hours may be in | 966 |
addition to the ninety hours of training required during the | 967 |
caseworker's first year of employment or part of the thirty-six | 968 |
hours of training required during the second year of employment. | 969 |
Sec. 5153.123. Each PCSA caseworker supervisor shall | 970 |
complete at least sixty hours of in-service training during the | 971 |
first year of the supervisor's continuous employment as a PCSA | 972 |
caseworker supervisor. The training shall include courses in | 973 |
screening reports of child abuse, neglect, or dependency. After a | 974 |
PCSA caseworker supervisor's first year of continuous employment | 975 |
as a PCSA caseworker supervisor, the supervisor annually shall | 976 |
complete thirty hours of training in areas relevant to the | 977 |
supervisor's assigned duties. During the first two years of | 978 |
continuous employment as a PCSA caseworker supervisor, each PCSA | 979 |
caseworker supervisor shall complete at least twelve hours of | 980 |
training in recognizing the signs of domestic violence and its | 981 |
relationship to child abuse as established in rules the director | 982 |
of job and family services shall adopt pursuant to Chapter 119. of | 983 |
the Revised Code. The twelve hours may be in addition to the sixty | 984 |
hours of training required during the supervisor's first year of | 985 |
employment or part of the thirty hours of training required during | 986 |
the second year of employment. | 987 |
Section 3. The Ohio Department of Job and Family Services may | 992 |
seek federal approval through the United States Department of | 993 |
Health and Human Services to include within funding under Title | 994 |
IV-E of the "Social Security Act," 94 Stat. 501 (1980), 42 U.S.C. | 995 |
670, an additional category of foster care certification, and | 996 |
simplified standards for that certification, for placements in | 997 |
which the child has an existing relationship with the foster | 998 |
caregiver. | 999 |
Section 4. The Ohio Department of Job and Family Services | 1000 |
shall partner with the Ohio Department of Mental Retardation and | 1001 |
Developmental Disabilities to offer joint cross system briefings | 1002 |
to better educate the professionals of both systems for more | 1003 |
effective service delivery for dually involved children and | 1004 |
families. The joint cross system briefings shall be conducted | 1005 |
regularly for one year after the effective date of this act and | 1006 |
shall serve as a platform for conducting forums and developing | 1007 |
training curriculums for foster caregivers that care for mentally | 1008 |
retarded and developmentally disabled children. | 1009 |
Section 5. That sections 2151.23, 2151.39, 3313.64, and | 1010 |
5103.16 be amended and sections 5103.23, 5103.231, 5103.232, | 1011 |
5103.233, 5103.234, 5103.235, 5103.236, and 5103.237 of the | 1012 |
Revised Code be enacted to read as follows: | 1013 |
(1) Concerning any child who on or about the date
specified | 1016 |
in the complaint, indictment, or information is alleged to have | 1017 |
violated section 2151.87 of the Revised Code or an order issued | 1018 |
under that section or to be a juvenile traffic
offender or a | 1019 |
delinquent, unruly, abused, neglected, or
dependent child
and, | 1020 |
based on and in relation to the allegation pertaining to the | 1021 |
child,
concerning the parent, guardian, or other person having | 1022 |
care
of a child who is alleged to be an unruly or delinquent child | 1023 |
for being an
habitual or chronic
truant; | 1024 |
(6) To hear and determine all criminal cases in which an | 1038 |
adult is charged with a violation of division (C) of section | 1039 |
2919.21, division (B)(1) of section 2919.22, section 2919.222, | 1040 |
division (B) of
section 2919.23, or section 2919.24 of the Revised | 1041 |
Code, provided
the charge is not included in an indictment that | 1042 |
also charges the
alleged adult offender with the commission of a | 1043 |
felony arising
out of the same actions that are the basis of the | 1044 |
alleged
violation of division (C) of section 2919.21, division | 1045 |
(B)(1) of
section 2919.22, section 2919.222, division (B) of | 1046 |
section
2919.23, or section
2919.24 of the Revised Code; | 1047 |
(11) Subject to divisions (G) and (V) of section 2301.03 of | 1060 |
the
Revised Code, to hear
and determine a request for an order for | 1061 |
the
support of any child if the request is not ancillary to an | 1062 |
action
for divorce, dissolution of marriage, annulment, or legal | 1063 |
separation, a criminal or civil action involving an allegation of | 1064 |
domestic violence, or an action for support brought under Chapter | 1065 |
3115. of the Revised Code; | 1066 |
(15) To conduct the hearings, and to make the determinations, | 1076 |
adjudications, and orders authorized or required under sections | 1077 |
2152.82 to 2152.85 and Chapter 2950. of the Revised Code regarding | 1078 |
a
child who has been adjudicated a delinquent child and to refer | 1079 |
the duties conferred upon the juvenile court judge under sections | 1080 |
2152.82 to 2152.85 and Chapter 2950. of the Revised Code to | 1081 |
magistrates appointed by the juvenile court judge in accordance | 1082 |
with Juvenile Rule 40. | 1083 |
(C) The juvenile court, except as to juvenile courts that
are | 1113 |
a separate division of the court of common pleas or a
separate
and | 1114 |
independent juvenile court, has jurisdiction to
hear,
determine, | 1115 |
and make a record of any action for divorce or
legal
separation | 1116 |
that involves the custody or care of children
and that
is filed in | 1117 |
the court of common pleas and certified by
the court
of common | 1118 |
pleas with all the papers filed in the action
to the
juvenile | 1119 |
court for trial, provided that no certification of
that
nature | 1120 |
shall
be made to any juvenile court unless the consent of
the | 1121 |
juvenile judge
first is obtained. After a certification of
that | 1122 |
nature is made
and consent is
obtained, the juvenile court
shall | 1123 |
proceed as if the action originally had
been begun in that
court, | 1124 |
except as to awards for spousal support
or support due and
unpaid | 1125 |
at the time of certification, over
which the juvenile court
has no | 1126 |
jurisdiction. | 1127 |
(D) The juvenile court, except as provided in divisions (G) | 1128 |
and (I)
of section 2301.03
of the Revised Code, has jurisdiction | 1129 |
to hear
and
determine all matters as to custody and support of | 1130 |
children
duly
certified by the court of common pleas to the | 1131 |
juvenile court
after a divorce decree has been granted, including | 1132 |
jurisdiction
to
modify the judgment and decree of the court of | 1133 |
common pleas as
the
same relate to the custody and support of | 1134 |
children. | 1135 |
(G) Any
juvenile court that
makes or modifies an order for | 1149 |
child support
shall comply with
Chapters 3119., 3121., 3123., and | 1150 |
3125. of the Revised Code. If any person
required to pay
child | 1151 |
support under an order made by a juvenile
court on or after
April | 1152 |
15, 1985, or modified on or after December
1, 1986, is
found in | 1153 |
contempt of court for failure to make support
payments
under the | 1154 |
order, the court that makes the finding, in
addition to
any other | 1155 |
penalty or remedy imposed, shall assess all
court costs
arising | 1156 |
out of the contempt proceeding against the
person and
require the | 1157 |
person to pay any reasonable attorney's
fees of any
adverse party, | 1158 |
as determined by the court, that arose
in relation
to the act of | 1159 |
contempt. | 1160 |
(H) If a child who is charged with an act that would be an | 1161 |
offense if committed by an adult was fourteen years of age or | 1162 |
older and under
eighteen years of age at the time of the alleged | 1163 |
act and if the case is
transferred for criminal prosecution | 1164 |
pursuant to section 2152.12 of the
Revised Code, the
juvenile | 1165 |
court does not have jurisdiction to hear or
determine the case | 1166 |
subsequent to the transfer. The court to which the
case is | 1167 |
transferred for criminal prosecution pursuant to that
section has | 1168 |
jurisdiction subsequent to the transfer to hear and
determine the | 1169 |
case in the same manner as if the case originally
had been | 1170 |
commenced in that court, including, but not limited to, | 1171 |
jurisdiction to accept a plea of guilty or another plea
authorized | 1172 |
by Criminal Rule 11 or another section
of the Revised Code and | 1173 |
jurisdiction to accept a
verdict and to enter a judgment of | 1174 |
conviction pursuant to the
Rules of Criminal Procedure against the | 1175 |
child for the commission of the offense that was the basis of the | 1176 |
transfer of the case for criminal prosecution, whether the | 1177 |
conviction is for the same degree or a lesser degree of the | 1178 |
offense charged, for the commission of a lesser-included offense, | 1179 |
or for the commission of another offense that is different from | 1180 |
the offense charged. | 1181 |
(I) If a person under eighteen
years of age allegedly
commits | 1182 |
an act that would be a felony if committed by
an adult and
if the | 1183 |
person is not taken into custody or apprehended for that
act until | 1184 |
after the person attains twenty-one years of age, the
juvenile | 1185 |
court
does not have jurisdiction to hear or determine any
portion | 1186 |
of the case
charging the person with committing that act.
In those | 1187 |
circumstances,
divisions (A) and (B) of section 2152.12
of the | 1188 |
Revised Code do not apply regarding the act, and the case
charging | 1189 |
the person with committing the act shall be a criminal
prosecution | 1190 |
commenced and heard in the appropriate court having
jurisdiction | 1191 |
of the
offense as if the person had been eighteen
years of age or | 1192 |
older when the
person committed the act. All
proceedings | 1193 |
pertaining to the act shall be
within the jurisdiction
of the | 1194 |
court having jurisdiction of the offense, and
that court
has all | 1195 |
the authority and
duties
in the case that it has in other
criminal | 1196 |
cases in
that court. | 1197 |
Sec. 2151.39. No person, association or agency, public or | 1198 |
private, of another state, incorporated or otherwise, shall place | 1199 |
a child in a family home or with an agency or institution within | 1200 |
the boundaries of this state, either for temporary or permanent | 1201 |
care or custody or for adoption, unless such person or
association | 1202 |
has furnished the department of job and family services with
a | 1203 |
medical and social history of the child, pertinent information | 1204 |
about the family, agency, association, or institution in this | 1205 |
state with whom the sending party desires to place the child, and | 1206 |
any other information or financial guaranty required by the | 1207 |
department to determine whether the proposed placement will meet | 1208 |
the needs of the child. The department may require the party | 1209 |
desiring the placement to agree to promptly receive and remove | 1210 |
from the state a child brought into the state whose placement has | 1211 |
not proven satisfactorily responsive to the needs of the child at | 1212 |
any time until the child is adopted, reaches majority, becomes | 1213 |
self-supporting or is discharged with the concurrence of the | 1214 |
department. All placements proposed to be made in this state by
a | 1215 |
party located in a state which is a party to the interstate | 1216 |
compact onfor the placement of children shall be made according | 1217 |
to
the provisions of sections 5103.20 to 5103.22 of the Revised | 1218 |
Code, or, if the interstate compact on the placement of children | 1219 |
is in effect in this state, all placements proposed to be made in | 1220 |
this state by a party located in a state that is a party to that | 1221 |
compact shall be made according to the provisions of sections | 1222 |
5103.23 to 5103.237 of the Revised Code. | 1223 |
(1)(a) Except as provided in division (A)(1)(b) of this | 1226 |
section, "parent" means either parent, unless the parents are | 1227 |
separated or divorced or their marriage has been dissolved or | 1228 |
annulled, in which case
"parent" means the parent who is the | 1229 |
residential parent and legal custodian of the child. When a
child | 1230 |
is in the legal custody of a government agency or a person
other | 1231 |
than the child's natural or adoptive parent,
"parent" means
the | 1232 |
parent with residual parental rights, privileges, and | 1233 |
responsibilities. When a child is in the permanent custody of a | 1234 |
government agency or a person other than the child's natural or | 1235 |
adoptive parent,
"parent" means the parent who was divested of | 1236 |
parental
rights and responsibilities for the care of the child and | 1237 |
the
right to have the child live with the parent and be the legal | 1238 |
custodian
of the child and all residual parental rights, | 1239 |
privileges, and
responsibilities. | 1240 |
(1) If the child receives special education in accordance | 1335 |
with Chapter 3323. of the Revised Code, the school district of | 1336 |
residence, as defined in section 3323.01 of the Revised Code, | 1337 |
shall pay tuition for the child in
accordance with section | 1338 |
3323.091, 3323.13, 3323.14, or 3323.141
of
the Revised Code | 1339 |
regardless of who has custody of the child or
whether the child | 1340 |
resides in a home. | 1341 |
(d) If at the time the court removed the child from
home or | 1362 |
vested legal or permanent custody of the child in the
person or | 1363 |
government agency, whichever occurred first, one parent
was in a | 1364 |
residential or correctional facility or a juvenile
residential | 1365 |
placement and the other parent, if living and not in
such a | 1366 |
facility or placement, was not known to reside in this
state, | 1367 |
tuition shall be paid by the district determined under
division | 1368 |
(D) of section 3313.65 of the Revised Code as the
district | 1369 |
required to pay any tuition while the parent was in such
facility | 1370 |
or placement; | 1371 |
(D) Tuition required to be paid under divisions (C)(2) and | 1384 |
(3)(a) of this section shall be computed in accordance with | 1385 |
section 3317.08 of the Revised Code. Tuition required to be paid | 1386 |
under division (C)(3)(b) of this section shall be computed in | 1387 |
accordance with section 3317.081 of the Revised Code. If a home | 1388 |
fails to pay the tuition required by division (C)(3)(b) of this | 1389 |
section, the board of education providing the education may | 1390 |
recover in a civil action the tuition and the expenses incurred
in | 1391 |
prosecuting the action, including court costs and reasonable | 1392 |
attorney's fees. If the prosecuting attorney or city director of | 1393 |
law represents the board in such action, costs and reasonable | 1394 |
attorney's fees awarded by the court, based upon the prosecuting | 1395 |
attorney's, director's, or one of their designee's time
spent | 1396 |
preparing
and presenting the case, shall be deposited in the | 1397 |
county or city
general fund. | 1398 |
(1) All persons at least eighteen but under twenty-two
years | 1408 |
of age who live apart from their parents, support
themselves by | 1409 |
their own labor, and have not successfully
completed the high | 1410 |
school curriculum or the individualized
education program | 1411 |
developed for the person by the high school
pursuant to section | 1412 |
3323.08 of the Revised Code, are entitled to
attend school in the | 1413 |
district in which they reside. | 1414 |
(3) A child is entitled to attend school in the district
in | 1417 |
which either of the child's parents is employed if the
child has a | 1418 |
medical condition that may require emergency medical attention. | 1419 |
The parent of
a child entitled to attend school under division | 1420 |
(F)(3) of this section shall submit to the board of education of | 1421 |
the district in which the parent is employed a statement from the | 1422 |
child's physician certifying that the child's medical condition | 1423 |
may require emergency medical attention. The statement shall be | 1424 |
supported by such other evidence as the board may require. | 1425 |
(5) Any child under the age of twenty-two years who, after | 1438 |
the
death of a parent, resides in a school district other than the | 1439 |
district in which the child attended school at the time of the | 1440 |
parent's death is entitled to continue to attend school in the | 1441 |
district in which the child attended school at the time of the | 1442 |
parent's death for the remainder of the school year, subject to | 1443 |
approval of that district board. | 1444 |
(7) A child under the age of twenty-two years residing with
a | 1458 |
parent who has a contract to purchase a house in a school
district | 1459 |
outside the district where the parent is residing and
who
is | 1460 |
waiting upon the date of closing of the mortgage loan for
the | 1461 |
purchase of such house is entitled to attend school for a
period | 1462 |
of time in the district where the house is being
purchased. In | 1463 |
order to be entitled to such attendance, the
parent shall provide | 1464 |
the district superintendent with the
following: | 1465 |
The district superintendent shall establish a period of
time | 1474 |
not to exceed ninety days during which the child entitled to | 1475 |
attend school under division (F)(6) or (7) of this section may | 1476 |
attend without tuition obligation. A student attending a school | 1477 |
under division (F)(6) or (7) of this section shall be eligible to | 1478 |
participate in interscholastic athletics under the auspices of | 1479 |
that school, provided the board of education of the school | 1480 |
district where the student's parent resides, by a formal action, | 1481 |
releases the student to participate in interscholastic athletics | 1482 |
at the school where the student is attending, and provided the | 1483 |
student receives any authorization required by a public agency or | 1484 |
private organization of which the school district is a member | 1485 |
exercising authority over interscholastic sports. | 1486 |
(8) A child whose parent is a full-time employee of a
city, | 1487 |
local, or exempted village school district, or of an
educational | 1488 |
service center, may be admitted
to the schools of the district | 1489 |
where the child's parent is
employed, or in the case of a child | 1490 |
whose parent is employed by an
educational service center, in the | 1491 |
district that serves the location where
the parent's job is | 1492 |
primarily located,
provided the district board of education | 1493 |
establishes such an admission
policy by resolution adopted by a | 1494 |
majority of its members. Any
such policy shall take effect on the | 1495 |
first day of the school year
and the effective date of any | 1496 |
amendment or repeal may not be
prior to the first day of the | 1497 |
subsequent school year. The policy
shall be uniformly applied to | 1498 |
all such children and shall provide
for the admission of any such | 1499 |
child upon request of the parent. No child may
be admitted under | 1500 |
this policy after the first day of
classes of any school year. | 1501 |
The enrollment of a child in a school district under this | 1508 |
division shall not be denied due to a delay in the school | 1509 |
district's receipt of any records required under section 3313.672 | 1510 |
of the Revised Code or any other records required for enrollment.
| 1511 |
Any days of attendance and any credits earned by a child while | 1512 |
enrolled in a school district under this division shall be | 1513 |
transferred to and accepted by any school district in which the | 1514 |
child subsequently enrolls. The state board of education shall | 1515 |
adopt rules to ensure compliance with this division. | 1516 |
(10) Any child under the age of twenty-two years whose
parent | 1517 |
has moved out of the school district after the commencement
of | 1518 |
classes in the child's senior year of high school is entitled, | 1519 |
subject to the approval of that district board, to attend school | 1520 |
in the district in which the child attended school at the
time of | 1521 |
the parental move for the remainder of the school year and
for one | 1522 |
additional semester or equivalent term. A district board may
also | 1523 |
adopt a policy specifying extenuating circumstances under
which a | 1524 |
student may continue to attend school under division
(F)(10) of | 1525 |
this section for an additional period of time in order
to | 1526 |
successfully complete the high school curriculum for the | 1527 |
individualized education program developed for the student by the | 1528 |
high school pursuant to section 3323.08 of the Revised Code. | 1529 |
(11) As used in this division,
"grandparent" means a
parent | 1530 |
of a parent of a child. A child under the age of
twenty-two years | 1531 |
who is in the custody of the child's
parent, resides
with a | 1532 |
grandparent, and does not require special education is
entitled to | 1533 |
attend the schools of the district in which the
child's | 1534 |
grandparent resides, provided that, prior to such attendance in | 1535 |
any school year, the board of education of the school district in | 1536 |
which the child's grandparent resides and the board of
education | 1537 |
of the
school district in which the child's parent resides enter | 1538 |
into a written
agreement specifying that good cause exists for | 1539 |
such attendance,
describing the nature of this good cause, and | 1540 |
consenting to such
attendance. | 1541 |
In lieu of a consent form signed by a parent, a board of | 1542 |
education may request the grandparent of a child attending school | 1543 |
in the district in which the grandparent resides pursuant to | 1544 |
division (F)(11) of this section to complete any consent form | 1545 |
required by the district, including any authorization required by | 1546 |
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised | 1547 |
Code.
Upon
request, the grandparent shall complete any consent | 1548 |
form
required
by the district. A school district shall not incur | 1549 |
any
liability
solely because of its receipt of a consent form from | 1550 |
a
grandparent in lieu of a parent. | 1551 |
Division (F)(11) of this section does not
create, and shall | 1552 |
not be construed
as creating, a new cause of action or substantive | 1553 |
legal right
against a school district, a member of a board of | 1554 |
education, or
an employee of a school district. This section does | 1555 |
not affect,
and shall not be construed as affecting, any | 1556 |
immunities from
defenses to tort liability created or recognized | 1557 |
by Chapter 2744.
of the Revised Code for a school district, | 1558 |
member, or employee. | 1559 |
(13) All school districts shall comply with the | 1586 |
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et | 1587 |
seq., for the education of homeless children. Each city, local, | 1588 |
and exempted village school district shall comply with the | 1589 |
requirements of that act governing the provision of a free, | 1590 |
appropriate public education, including public preschool, to each | 1591 |
homeless child. | 1592 |
(a) That person has been appointed, through a military power | 1607 |
of attorney executed under section 574(a) of the "National Defense | 1608 |
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10 | 1609 |
U.S.C. 1044b, or through a comparable document necessary to | 1610 |
complete a family care plan, as the parent's agent for the care, | 1611 |
custody, and control of the child while the parent is on active | 1612 |
duty as a member of the national guard or a reserve unit of the | 1613 |
armed forces of the United States or because the parent is a | 1614 |
member of the armed forces of the United States and is on a duty | 1615 |
assignment away from the parent's residence. | 1616 |
(I)(1) Notwithstanding anything to the contrary in this | 1636 |
section or section 3313.65 of the Revised Code, a child under | 1637 |
twenty-two years of age may attend school in the school district | 1638 |
in which the child, at the end of the first full week of October | 1639 |
of the school year, was entitled to attend school as otherwise | 1640 |
provided under this section or section 3313.65 of the Revised | 1641 |
Code, if at that time the child was enrolled in the schools of the | 1642 |
district but since that time the child or the child's parent has | 1643 |
relocated to a new address located outside of that school district | 1644 |
and within the same county as the child's or parent's address | 1645 |
immediately prior to the relocation. The child may continue to | 1646 |
attend school in the district, and at the school to which the | 1647 |
child was assigned at the end of the first full week of October of | 1648 |
the current school year, for the balance of the school year. | 1649 |
Division (I)(1) of this section applies only if both of the | 1650 |
following conditions are satisfied: | 1651 |
(3) Any person or entity owing tuition to the school district | 1665 |
on behalf of the child at the end of the first full week in | 1666 |
October, as provided in division (C) of this section, shall | 1667 |
continue to owe such tuition to the district for the child's | 1668 |
attendance under division (I)(1) of this section for the lesser of | 1669 |
the balance of the school year or the balance of the time that the | 1670 |
child attends school in the district under division (I)(1) of this | 1671 |
section. | 1672 |
(4) A pupil who may attend school in the district under | 1673 |
division (I)(1) of this section shall be entitled to | 1674 |
transportation services pursuant to an agreement between the | 1675 |
district and the district in which the child or child's parent has | 1676 |
relocated unless the districts have not entered into such | 1677 |
agreement, in which case the child shall be entitled to | 1678 |
transportation services in the same manner as a pupil attending | 1679 |
school in the district under interdistrict open enrollment as | 1680 |
described in division (H) of section 3313.981 of the Revised Code, | 1681 |
regardless of whether the district has adopted an open enrollment | 1682 |
policy as described in division (B)(1)(b) or (c) of section | 1683 |
3313.98 of the Revised Code. | 1684 |
A school district required to pay tuition pursuant to | 1687 |
division (C)(2) or (3) of this section or section 3313.65 of the | 1688 |
Revised Code shall have an amount deducted under division
(F) of | 1689 |
section 3317.023 of the Revised Code equal to its own tuition
rate | 1690 |
for the same period of attendance. A school district
entitled to | 1691 |
receive tuition pursuant to division (C)(2) or (3) of
this section | 1692 |
or section 3313.65 of the Revised Code shall have an
amount | 1693 |
credited under division (F) of section 3317.023 of
the
Revised | 1694 |
Code equal to its own tuition rate for the same period of | 1695 |
attendance. If the tuition rate credited to the district of | 1696 |
attendance exceeds the rate deducted from the district required
to | 1697 |
pay tuition, the department of education shall pay the
district of | 1698 |
attendance the difference from amounts deducted from
all | 1699 |
districts' payments under division (F) of section
3317.023 of
the | 1700 |
Revised Code but not credited to other school districts under
such | 1701 |
division and from appropriations made for such purpose. The | 1702 |
treasurer of each school district shall, by the fifteenth day of | 1703 |
January and July, furnish the superintendent of public
instruction | 1704 |
a report of the names of each child who attended the
district's | 1705 |
schools under divisions (C)(2) and (3) of this section
or section | 1706 |
3313.65 of the Revised Code during the preceding six
calendar | 1707 |
months, the duration of the attendance of those
children, the | 1708 |
school district responsible for tuition on behalf
of the child, | 1709 |
and any other information that the superintendent
requires. | 1710 |
(M) In accordance with division (B)(1) of this section, a | 1726 |
child whose parent is a member of the national guard or a reserve | 1727 |
unit of the armed forces of the United States and is called to | 1728 |
active duty, or a child whose parent is a member of the armed | 1729 |
forces of the United States and is ordered to a temporary duty | 1730 |
assignment outside of the district, may continue to attend school | 1731 |
in the district in which the child's parent lived before being | 1732 |
called to active duty or ordered to a temporary duty assignment | 1733 |
outside of the district, as long as the child's parent continues | 1734 |
to be a resident of that district, and regardless of where the | 1735 |
child lives as a result of the parent's active duty status or | 1736 |
temporary duty assignment. However, the district is not | 1737 |
responsible for providing transportation for the child if the | 1738 |
child lives outside of the district as a result of the parent's | 1739 |
active duty status or temporary duty assignment. | 1740 |
Sec. 5103.16. (A) Pursuant to section 5103.18 of the Revised | 1741 |
Code and except as otherwise provided in this
section, no child | 1742 |
shall be placed or accepted for placement under
any written or | 1743 |
oral agreement or understanding that transfers or
surrenders the | 1744 |
legal rights, powers, or duties of the legal
parent, parents, or | 1745 |
guardian of the child into the temporary or
permanent custody of | 1746 |
any association or institution
that is not
certified by the | 1747 |
department of job and family
services under
section 5103.03 of the | 1748 |
Revised Code,
without the written consent
of the office in the | 1749 |
department that
oversees the interstate
compact onfor placement | 1750 |
of children established under
section 5103.20
of the Revised Code | 1751 |
or the interstate compact on the placement of children established | 1752 |
under section 5103.23 of the Revised Code, as applicable, or by a | 1753 |
commitment of a
juvenile court, or by
a commitment of a probate | 1754 |
court as provided in this
section. A
child may be placed | 1755 |
temporarily without
written consent or court
commitment with | 1756 |
persons related by blood
or marriage or in a
legally licensed | 1757 |
boarding home. | 1758 |
(B)(1) Associations and institutions certified under
section | 1759 |
5103.03 of the Revised Code for the purpose of placing children in | 1760 |
free foster homes or for legal
adoption shall keep a record of the | 1761 |
temporary and permanent
surrenders of children. This record shall | 1762 |
be available for
separate statistics, which shall include a copy | 1763 |
of an official
birth record and all information concerning the | 1764 |
social, mental,
and medical history of the children that will aid | 1765 |
in an
intelligent disposition of the children in case that becomes | 1766 |
necessary because the parents or guardians fail or are unable to | 1767 |
reassume custody. | 1768 |
(C) Any agreement or understanding to transfer or
surrender | 1776 |
the legal rights, powers, or duties of the legal parent
or parents | 1777 |
and place a child with a person seeking to adopt the
child under | 1778 |
this section shall be construed to contain a promise
by the person | 1779 |
seeking to adopt the child to pay the expenses
listed in divisions | 1780 |
(C)(1), (2), and (4) of section 3107.055 of
the Revised Code and, | 1781 |
if the person seeking to adopt the child
refuses to accept | 1782 |
placement of the child, to pay the temporary
costs of routine | 1783 |
maintenance and medical care for the child in a
hospital, foster | 1784 |
home, or other appropriate place for up to
thirty days or until | 1785 |
other custody is established for the child,
as provided by law, | 1786 |
whichever is less. | 1787 |
(D) No child shall be placed or received for adoption or
with | 1788 |
intent to adopt unless placement is made by a public children | 1789 |
services
agency, an institution or
association that is certified | 1790 |
by the department of
job and family services under section 5103.03 | 1791 |
of the
Revised Code to place children for
adoption, or custodians | 1792 |
in another state or foreign country, or unless all of
the | 1793 |
following criteria are met: | 1794 |
(1) Prior to the placement and receiving of the child, the | 1795 |
parent or parents of the child personally have applied to, and | 1796 |
appeared before, the probate court of the county in which the | 1797 |
parent or parents reside, or in which the person seeking to adopt | 1798 |
the child resides, for approval of the proposed placement | 1799 |
specified in the application and have signed and filed with the | 1800 |
court a written statement showing that the parent or parents are | 1801 |
aware of their right to contest the decree of adoption subject to | 1802 |
the limitations of section 3107.16 of the Revised Code; | 1803 |
In determining whether a custodian has authority to place | 1810 |
children for adoption under the laws of a foreign country, the | 1811 |
probate court shall determine whether the child has been released | 1812 |
for adoption pursuant to the laws of the country in which the | 1813 |
child resides, and if the release is in a form that satisfies the | 1814 |
requirements of the immigration and naturalization service of the | 1815 |
United States department of justice for purposes of immigration
to | 1816 |
this country pursuant to section 101(b)(1)(F) of the
"Immigration | 1817 |
and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C.
1101 | 1818 |
(b)(1)(F), as amended or reenacted. | 1819 |
If the parent or parents of the child are deceased or have | 1820 |
abandoned the child, as determined under division (A) of section | 1821 |
3107.07 of the Revised Code, the application for approval of the | 1822 |
proposed adoptive placement may be brought by the relative
seeking | 1823 |
to adopt the child, or by the department, board, or
organization | 1824 |
not otherwise having legal authority to place the
orphaned or | 1825 |
abandoned child for adoption, but having legal
custody of the | 1826 |
orphaned or abandoned child, in the probate court
of the county in | 1827 |
which the child is a resident, or in which the
department, board, | 1828 |
or organization is located, or where the
person or persons with | 1829 |
whom the child is to be placed reside.
Unless the parent, parents, | 1830 |
or guardian of the person of the
child personally have appeared | 1831 |
before the court and applied for
approval of the placement, notice | 1832 |
of the hearing on the
application shall be served on the parent, | 1833 |
parents, or guardian. | 1834 |
The consent to placement, surrender, or adoption executed
by | 1835 |
a minor parent before a judge of the probate court or an | 1836 |
authorized deputy or referee of the court, whether executed
within | 1837 |
or outside the confines of the court, is as valid as
though | 1838 |
executed by an adult. A consent given as above before an
employee | 1839 |
of a children services agency that is licensed as
provided by law, | 1840 |
is equally effective, if the consent also is
accompanied by an | 1841 |
affidavit executed by the witnessing employee
or employees to the | 1842 |
effect that the legal rights of the parents
have been fully | 1843 |
explained to the parents, prior to the execution
of any consent, | 1844 |
and that the action was done after the birth of
the child. | 1845 |
(B) "Sending agency" means a party state, officer or
employee | 1879 |
thereof; a subdivision of a party state, or officer or
employee | 1880 |
thereof; a court of a party state; a person,
corporation, | 1881 |
association, charitable agency, or other entity
which sends, | 1882 |
brings, or causes to be sent or brought any child to
another party | 1883 |
state. | 1884 |
(C) Any public officer or agency in a receiving state
which | 1918 |
is in receipt of a notice pursuant to division (B) of this
article | 1919 |
may request of the sending agency, or any other
appropriate | 1920 |
officer or agency of or in the sending agency's
state, and shall | 1921 |
be entitled to receive therefrom, such
supporting or additional | 1922 |
information as it may deem necessary
under the circumstances to | 1923 |
carry out the purpose and policy of
this compact. | 1924 |
The sending, bringing, or causing to be sent or brought
into | 1931 |
any receiving state of a child in violation of the terms of
this | 1932 |
compact shall constitute a violation of the laws respecting
the | 1933 |
placement of children of both the state in which the sending | 1934 |
agency is located or from which it sends or brings the child and | 1935 |
of the receiving state. Such violation may be punished or | 1936 |
subjected to penalty in either jurisdiction in accordance with
its | 1937 |
laws. In addition to liability for any such punishment or
penalty, | 1938 |
any such violation shall constitute full and sufficient
grounds | 1939 |
for the suspension or revocation of any license, permit,
or other | 1940 |
legal authorization held by the sending agency which
empowers or | 1941 |
allows it to place, or care for children. | 1942 |
(A) The sending agency shall retain jurisdiction over the | 1944 |
child sufficient to determine all matters in relation to the | 1945 |
custody, supervision, care, treatment and disposition of the child | 1946 |
which it would have had if the child had remained in the sending | 1947 |
agency's state, until the child is adopted, reaches majority, | 1948 |
becomes self-supporting or is discharged with the concurrence of | 1949 |
the appropriate authority in the receiving state. Such | 1950 |
jurisdiction shall also include the power to effect or cause the | 1951 |
return of the child or its transfer to another location and | 1952 |
custody pursuant to law. The sending agency shall continue to
have | 1953 |
financial responsibility for support and maintenance of the
child | 1954 |
during the period of the placement. Nothing contained
herein shall | 1955 |
defeat a claim of jurisdiction by a receiving state
sufficient to | 1956 |
deal with an act of delinquency or crime committed
therein. | 1957 |
(C) Nothing in this compact shall be construed to prevent
a | 1963 |
private charitable agency authorized to place children in the | 1964 |
receiving state from performing services or acting as agent in | 1965 |
that state for a private charitable agency of the sending state; | 1966 |
nor to prevent the agency in the receiving state from discharging | 1967 |
financial responsibility for the support and maintenance of a | 1968 |
child who has been placed on behalf of the sending agency without | 1969 |
relieving the responsibility set forth in paragraph (A) hereof. | 1970 |
This compact shall be open to joinder by any state,
territory | 2001 |
or possession of the United States, the District of
Columbia, the | 2002 |
Commonwealth of Puerto Rico, and, with the consent
of congress, | 2003 |
the government of Canada, or any province thereof.
It shall become | 2004 |
effective with respect to any such jurisdiction
when such | 2005 |
jurisdiction has enacted the same into law. Withdrawal
from this | 2006 |
compact shall be by the enactment of a statute
repealing the same, | 2007 |
but shall not take effect until two years
after the effective date | 2008 |
of such statute and until written notice
of the withdrawal has | 2009 |
been given by the withdrawing state to the
governor of each other | 2010 |
party jurisdiction. Withdrawal of a party
state shall not affect | 2011 |
the rights, duties and obligations under
this compact of any | 2012 |
sending agency therein with respect to a
placement made prior to | 2013 |
the effective date of withdrawal. | 2014 |
The provisions of this compact shall be liberally construed | 2016 |
to effectuate the purposes thereof. The provisions of this
compact | 2017 |
shall be severable and if any phrase, clause, sentence or | 2018 |
provision of this compact is declared to be contrary to the | 2019 |
constitution of any party state or of the United States or the | 2020 |
applicability thereof to any government, agency, person, or | 2021 |
circumstance is held invalid, the validity of the remainder of | 2022 |
this compact and the applicability thereof to any government, | 2023 |
agency, person or circumstance shall not be affected thereby. If | 2024 |
this compact shall be held contrary to the constitution of any | 2025 |
state party thereto, the compact shall remain in full force and | 2026 |
effect as to the state affected as to all severable matters. | 2027 |
Sec. 5103.231. Financial responsibility for any child placed | 2028 |
pursuant to the
provisions of the interstate compact on the | 2029 |
placement of children shall be
determined in accordance with the | 2030 |
provisions of Article V of section 5103.23
of
the Revised Code. | 2031 |
However, in the event of parental or complete default of | 2032 |
performance thereunder, the provisions of laws fixing | 2033 |
responsibility for the
support of children also may be invoked. | 2034 |
Sec. 5103.234. The officers and agencies of this state and | 2044 |
its subdivisions
having authority to place children are hereby | 2045 |
empowered to enter into
agreements with appropriate officers or | 2046 |
agencies of or in other party states
pursuant to paragraph (B) of | 2047 |
Article V of the interstate compact on the
placement of children. | 2048 |
Any such agreement which contains a financial
commitment or | 2049 |
imposes a financial obligation on this state is subject to the | 2050 |
approval of the director of budget and management. Any such | 2051 |
agreement which
contains a financial commitment or imposes a | 2052 |
financial obligation on any
subdivision of this state shall not be | 2053 |
binding unless it has the approval in
writing of the chief local | 2054 |
fiscal officer. | 2055 |
Sec. 5103.235. Any requirements for visitation, inspection, | 2056 |
or supervision of
children, homes, institutions, or other agencies | 2057 |
in another party state which
may apply under Chapter 5103. of the | 2058 |
Revised Code shall be deemed to be met if
performed pursuant to an | 2059 |
agreement entered into by appropriate officers or
agencies of this | 2060 |
state or a subdivision thereof as contemplated by paragraph
(B) of | 2061 |
Article V of the interstate compact on the placement of children. | 2062 |
Section 7. Sections 5103.23 to 5103.237 and the amendments | 2075 |
to sections 2151.23, 2151.39, 3313.64, and 5103.16 of the Revised | 2076 |
Code shall continue in effect until the Interstate Compact for the | 2077 |
Placement of Children contained in sections 5103.20 to 5103.22 of | 2078 |
the Revised Code becomes effective as described in Article XIV of | 2079 |
that Compact, at which time sections 5103.23 to 5103.237 and the | 2080 |
amendments made by this act to sections 2151.23, 2151.39, 3313.64, | 2081 |
and 5103.16 of the Revised Code regarding the Interstate Compact | 2082 |
on the Placement of Children no longer apply. | 2083 |
Section 9. Section 149.43 of the
Revised Code is presented | 2089 |
in this act as a composite of the
section as amended
by both | 2090 |
Sub. H.B. 9 and Sub. H.B. 141 of
the
126th General
Assembly. | 2091 |
Section 3313.64 of the Revised Code is presented
in
this act as a | 2092 |
composite of the section as
amended by Am. Sub. H.B. 137, Am. | 2093 |
Sub. H.B. 530, Sub. S.B. 164,
and Am. Sub. S.B. 238 of
the 126th | 2094 |
General Assembly. The General
Assembly, applying the
principle | 2095 |
stated in division (B) of section
1.52 of the Revised
Code that | 2096 |
amendments are to be harmonized if
reasonably capable of | 2097 |
simultaneous operation, finds that the
composites are the | 2098 |
resulting
versions of the sections in effect
prior
to the | 2099 |
effective date of
the sections as presented in this
act. | 2100 |